LEGAL SERVICES AGREEMENT (68)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the QC %t" day of)) ov n, t'v , 2015, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida
33758 -4748 (the "City") and JAY DAIGNEAULT, ESQ., Trask • Daigneault, LLP 1001
South Fort Harrison Ave Suite 201, Clearwater, FL 33756 ( "Counsel ").
WITNESSETH:
WHEREAS, the City wishes to retain Counsel to provide Attorney Services to the
Nuisance Abatement Board.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide attomey services as described in and for the professional
fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide attomey
services to the Nuisance Abatement Board , which shall include legal advice, document
and ordinance preparation, attendance at board meetings, and other services as directed
by the City.
SECTION 3. TERM. This Agreement will be effective
and will continue until terminated in accordance with
Section 9 herein.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $150.00 per hour for attorney services, plus reimbursement for
reasonable compensable expenses subject to Board approval.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses
shall be made by the City to Counsel for reasonable out -of- pocket expenses as
determined by the City without markup, including but not limited to long distance calls and
facsimiles, postage, court costs, parking costs and travel incurred by Counsel in
performance of the duties hereunder. Travel and per diem costs as well as auto travel
expenses shall not exceed that which is available to City of Clearwater employees. The
City will reimburse Counsel for photocopies at the statutory rate of $0.15 per single -sided
page and $0.20 per double -sided page.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Counsel, its employees, agents
and subcontractors in connection with or arising directly or indirectly out of this Agreement
and /or the performance hereof. Without limiting its liability under this Agreement,
Counsel shall procure and maintain during the life of this Agreement professional liability
insurance in an amount of $2,000,000. This provision shall survive the termination of this
Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that currently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City, Counsel will promptly
inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or
terminate this Agreement upon ten days advance written notice to Counsel. In the event
of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed
for eligible and documented reimbursable expenses incurred prior to the date of
cancellation.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
Approved to form:
m: -
amela K. Akin
City Attorney
Attest:
THE CITY OF CLEARWATER
6€Or" cr c \t icos
By:
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
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